Legal Opinion

Tillman v. McDonough

Court of Appeals of Texas

Decided November 28, 1883No. 1488Published

Appeal from Rusk County.

1Opinion of the Court

Opinion by

Willson, J.

§ 52, Execution; when returnable. An execution is returnable to the first day of the next term of the court after its issuance, or in thirty, sixty or ninety days, if so directed by the plaintiff, his agent or attorney. [R. S. art. 2282.] If no return day is specified in the execution, it is returnable on the first day of the next term of the court from whence it issued.

§ 58. Same; is functus officio, when. After the return day the execution is functus officio, and not valid for the purpose of a levy. The officer attempting to further execute it is entirely without…

2Cases cited3 opinions

  1. Webb v. MallardTexas Supreme Court · 1863
  2. Latham v. SelkirkTexas Supreme Court · 1854
  3. Harris, Norton & Co. v. EllisTexas Supreme Court · 1867

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